§ 112. Limitations on exclusive rights: Ephemeral recordings¹

(f)(1) Notwithstanding the provisions of section 106, and without limiting the application of subsection (b), it is not an infringement of copyright for a governmental body or other nonprofit educational institution entitled under section 110(2) to transmit a performance or display to make copies or phonorecords of a work that is in digital form and, solely to the extent permitted in paragraph (2), of a work that is in analog form, embodying the performance or display to be used for making transmissions authorized under section 110(2), if--

(A) such copies or phonorecords are retained and used solely by the body or institution that made them, and no further copies or phonorecords are reproduced from them, except as authorized under section 110(2); and

(B) such copies or phonorecords are used solely for transmissions authorized under section 110(2).

(2) This subsection does not authorize the conversion of print or other analog versions of works into digital formats, except that such conversion is permitted hereunder, only with respect to the amount of such works authorized to be performed or displayed under section 110(2), if--

(A) no digital version of the work is available to the institution; or

(B) the digital version of the work that is available to the institution is subject to technological protection measures that prevent its use for section 110(2).

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¹Section 112 of the U.S. Copyright Act has 7 subsections, but this document includes only subsections (b) and (f) which are of greatest significance to higher education. Click here to go to subsection (b).

Courtesy of the Copyright Management Center at Indiana University. This statute is also available on-line at the U.S. Copyright Office, http://lcweb.loc.gov/copyright/title17/.

Click here for more information about Section 112(f).

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